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SEX DISCRIMINATION ACT 1984 - SECT 41A

New superannuation fund conditions

             (1)  Nothing in Division 1 or 2 makes discrimination in relation to a superannuation fund by one person (in this subsection called the discriminator ) against another person (in this subsection called the aggrieved person ) unlawful if:

                     (a)  the discrimination is on the ground of the aggrieved person's sex, marital or relationship status or family responsibilities; and

                     (b)  the discrimination arises only because of one or more of the following:

                              (i)  the superannuation fund conditions include a provision that:

                                        (A)  is based on actuarial or statistical data from a source on which it is reasonable for the discriminator to rely; and

                                        (B)  is reasonable having regard to those data and any other relevant factors;

                             (ii)  in the case of a member who has no spouse or de facto partner or has no child--the superannuation fund conditions:

                                        (A)  do not provide for superannuation benefits in the event of the member's death; or

                                        (B)  provide for less generous superannuation benefits in the event of the member's death; or

                                        (C)  do not provide for superannuation benefits to someone other than the member in the event of the member's physical or mental incapacity; or

                                        (D)  provide for less generous superannuation benefits to someone other than the member in the event of the member's physical or mental incapacity;

                            (iii)  the superannuation fund conditions include a provision that relates to:

                                        (A)  the vesting in members or other persons of benefits arising directly or indirectly from amounts contributed to the fund; or

                                        (B)  the preservation of benefits arising directly or indirectly from amounts contributed to the fund; or

                                        (C)  the portability of benefits arising directly or indirectly from amounts contributed to another superannuation fund;

                                   if the inclusion of that provision results in only indirect discrimination against the aggrieved person on the ground of that person's sex, marital or relationship status or family responsibilities;

                            (iv)  the superannuation fund conditions include a provision that confers particular benefits, or more generous benefits, only on a person to whom subsection 41B(3) or (4) applies.

             (2)  For the purposes of this section:

                     (a)  discrimination on the ground of a person's sex is taken to be indirect if paragraph 5(1)(b) or (c) or subsection 5(2) applies to the discrimination; and

                     (b)  discrimination on the ground of a person's marital or relationship status is taken to be indirect if paragraph 6(1)(b) or (c) or subsection 6(2) applies to the discrimination.

             (3)  This section does not apply to a person in respect of a superannuation fund if subsection 41B(3) or (4) applies to that person.

             (4)  In this section:

"member" , in relation to a superannuation fund, includes a person who has been a member of the fund at any time.



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